Rob Boston, a senior policy analyst of Americans United for Separation of Church and State, writes about how the Supreme Court’s recent ruling in Snyder v. Phelps yet again exposes the dishonesty of the Religious Right’s arguments:

There has been no end of discussion about this church and its antics. Today I want to focus on an overlooked aspect of the controversy: For years, we’ve been hearing Religious Right leaders claim that their freedom to speak out on issues like homosexuality and abortion is at risk. To hear them tell it, “hate speech” laws are just around the corner, and Pastor Bob is only one step away from being tossed in the hoosegow if he dares to read from the Book of Leviticus in the pulpit.

It’s hard to imagine speech more hateful than that put forth by Westboro Baptist’s members. They think God is punishing America for tolerating homosexuality, so they hoist signs reading, “God Hates Fags,” “Thank God for IEDs” and “Pray for More Dead Soldiers.”

This is some seriously hateful stuff – and by an 8-1 vote the Supreme Court said in Snyder v. Phelps that it is protected speech. If Westboro Baptist can claim the mantle of the First Amendment to unleash this stuff, I don’t think Pastor Bob has to worry about his pulpit criticisms of same-sex marriage. W

henever cases like this come up, the term “hate speech” is thrown around a lot in the media. Although this term appears in common parlance, it’s not something the courts have adopted. Sure, a lot of speech can be termed “hateful” – and it’s also protected speech. The First Amendment does not require that speech be polite, rational or popular. After all, the First Amendment wouldn’t be very useful if all it did was protect your right to say something everyone agrees with.

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The claim that “hate speech” laws are going to shut down fundamentalist churches and gag conservative pastors is, to put it politely, bunk. It was never a persuasive argument, and in light of Wednesday’s ruling stands in shreds. I’m hoping Religious Right leaders will have the decency to stop saying it – but I won’t hold my breath.

People For the American Way Foundation today joined a number of other religious liberty groups, including the ACLU and Americans United for Separation of Church and State, as well as the American Federation of Teachers, in filing an amicus curiae brief in the United States Court of Appeals for the Tenth Circuit in Colorado Christian University v. Baker. The University, a private, religious school, has challenged Colorado tuition assistance programs that do not allow the participation of pervasively sectarian schools, consistent with the state Constitution's prohibition on public funding of religious education. The University claims that the Colorado programs violate the Free Exercise Clause of the U.S. Constitution.